Nevada Jury Instructions: Contributory Negligence; Wrongful Death

The defendant seeks to establish that the decedent was contributorily negligent.

Contributory negligence is negligence on the part of the decedent which, cooperating to some degree with negligence of another, helps in [proximately] [legally] causing the death.

The plaintiff may not recover damages if the decedent’s contributory negligence contributed more to his death than the negligence of the defendant. However, if the decedent was negligent, the plaintiff may still recover a reduced sum, so long as the decedent’s contributory negligence was not greater than the negligence of the defendant.

NEV. J.I. 4.08

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Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.